Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1887-08-19
parallel of latitude to the Colorado river.
thence to the Pacific coast.

parallel of latitude to the Colorado river:
thence to the Pacific coast
rHE GOVERNMENT WAS Askrp
TO make grant of land to aid in the con-
struc.ion of this proposed road. This
was done In most liberal manner, and
1t was provided by the eigth section of
the grasting act that each and every
grant, right and privilege herein are so
made aud given to and accepted by said
| Atlantic and Pacific railroad company,
upon ana subject to the following CON
! ditions, namely: That the said company
shall commence the work on said road
within two years from the approval of
this act by the president, and shall com.
plete not less than fifty miles a year
after the second year, and shall con
struct, equip, furnish and complete
the main line of the whole road by the
| 4th day of July, 1873. Did the com pany
comply with this clear and specific con.
tract: Did il commence the censtruc-
ton of its road in the two years namsdY
Did it prosecute the work as requireds
Did it complete its main line at the time
namedS In fact, has it yet completed
! the main liner
| If, at the time this company applied
for its grant, 1t had stated its turpose
was to build the proposed road, or so
much of it as it might desire from time
to time, and in such fragments, or to and
| from such points as pleased its manage
| meme, and that the government should
withdraw from entery and settlement
along the whole line all the land in both
grants and indemnity limits, and keep
such lands in state of indefinite with
drawal to wait the pleasure or conven-
ience of the company, is it believed for
moment that congress would have
listened TO the application for n grant!
Yet this is exactly what the cem-
pany now insists congress has done,
with the further assertion that the
company may violate every specification
of its contract; the government is bound
IN equity not only to carry out the con
tract on its side, but to guarantee to it
monopoly for an indefinite period of
vast part of the public domain not con
templated by the grant. | do not SO an
derstahd the law or the equity of the case.
On full consideration OF the whole
subject conclude that the withdrawal
for indemnity purposes if permissible
under the law was solely by virtue of ex.
tSublNt anu may pS revoked
by the same authority. That such revo-
cation would not be violation of either
law or equity, and that said lands having
been SO long withheld for the benefit of
the company, the time has arrived when
public policy aRd justice demand the
withdrawal should be revoked and some
| regard had for the rights of those seek
ing and needing homes on the public
domain. If l had any doubt would be
confirmed in this course by what may be
REGARDED AS A DISTINCT RECOGNITION
| by congress of the correctness of its
policy to be found in section 3 of the act
| of April 81, 1876, % Stats, 300,) where
it is said that all such presumption and
| homestead entries which may have been
made by the permission of the land de-
partment, or in pursuance of the rules
| and instructions thereof, within the
limits of any land grant at time sub
| sequent to the expiration of such grant,
| shall be deemed valid, and a compliance
with the laws and the making of the
proof required shall entitle the holder of
| such claim to patent.
1 therefore direct that all land under
Withdrawals heretofore made and held
! for indemnity purposes under the grant
to the Atlantic j. Pacific Railroad com
pany be restored to the public domain,
| and opened to settlement under the
general land laws, except such lands as
may be covered by approved sec
tions; provided the restoration shall
not affect rights acquired within the
primary or granted limits of any other
congressional land. AS the lands covered
by unapproved sections applications to
10 Eiinpa Ia
received, noted, and held subject to the
claim of the company of which claim the
applicant must be distinctly informed.
and memoranGas thereof entered upon
his papers. Whenever such application
to file or enter is presented, alleging upon
sufficient prima facie showing that the
! lands from any cause not subject to the
| compapy's right of selection, notice
thereof will be given to the proper rep
resentative of the company, which will be
allowed thirty days after service of said
notice within which to present objections
to the allowance of such filing or entry.
| Should the company fail to respond
or show cause before the looal Off
GERS why the application should not be
| allowed, said application for filing or
entry will be admitted AID the selection
field for speculation, but should the com
| pany appear and show cause, an investi-
cation will be ordered under the rules of
| practice to determine whether said land
is subject to the right of the company to
make selections of the same, which she'll
be determined by TIE register and re-
ceiver, subject to the right of appeal in
either party. When appeals are taken
from the decision of the register and re-
ceiver to your Office in the class of cases
herein provided for, you will dispose of
| that without delay, and if the decision Of
your office shall be in favor of the com
pany, and Eo appeal be taken, the land
shall be approved or certified for
| patent without requiring further
action on the part of the company. If
the decision of your Office should be ad
verse TO the company and 20 appeal be
| taken the selection will be cancelled and
the filing or entry be allowed subject to
! compliance with law. The order of re-
| vocation herein directed shall take effect
as soon as issued, but filings and entriea
| of the lands embraced therein shall not
be received until after giving notice of
the same by public advertisement for
period of thirty days, it being the in
| tention of this order that Is against
| actual settlement hereafter made the
| orders of the department withdrawing
| said lands shall no longer be an
obstacle. Rights heretofore attach
| ing, both of the company and of set
| tiers will be decided according to the
| facts in each case. If any lists of selec-
| tions have been rejected and not placed
| On file and noted on the records of the
local Office you will, if said lists are in
your Office or in the local Office, cause
| said selections to be Eoted on the record
Immediately, and if such lists are not in
your office or the local Office you will ad-
wise the attorney of the company that
they will be allowed to file in the local
Office said lists of selections and the same
viii be noted on the records as of the
date when first presented, provided the
same be presented before the lands are
opened to filings and entries.
Very respectfully,
J.. Q. G. LAMAR, Secretary.